Peterson v. Bane

Appeal from a judgment of the Supreme Court (Smyk, J.), entered January 9, 1992 in Broome County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motions to dismiss the petition for failure to state a cause of action.

Between July 1, 1982 and October 26, 1986, petitioners received public assistance through the Niagara County Department of Social Services (hereinafter Niagara DSS). In February 1984 they received $2,928 as a lump-sum Social Security disability check for their son, which made them ineligible for public assistance for the four-month period from February…